New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-02-08
FAVOR OF THE ARCADE ROAD.
,,,sr,cr VAN BR: Mt MAKES A DECISION.
yrus WHO OPPOSED THE COMPANY

o,r,rx-ow OWNERS WHO OPPOSED THE CoMfANi
nprrArrD-wHAr is SAID ON BOTH SIDES.
,.,,ce Van Brunt yesterday. IN the supreme Coui''
handed down a decision sustaining 'no ~, ~, Iaooh
Connanv In the suit brought aSmus' " W 80 -,
. n n Potter and other property owners IN bro%u'
- ,rho chit 10 cnoin it In Its plans TOT 'he c""
m"'' - 1erground railroad. The company demurrer
=, ,a that Il was proceeding constttuticnaly an"
,u The iustice upholds the constitutionah'! vi 'o
,,,,re acts under which the company mas gone W U,
nd declares that the legislation oil iast year ny
opanv obtains additional powers Is also cohsu'"
Tn asserted that the company h'in"'
and tbe conditions prescribed for It's continued eNchoe'
that TIA charter had lapsed that 1t had faen io Vi o
-, pa,,road Act and was otherwise out OF the paio
OF the law. .on.,s,anc,es
The Justice holds that there are such
between the General Railroad Act and the ac's
which the company processes to be acuns in uo '
~ Machining and ending the construction OF .ne ~
.hot n ia not necessary to cite authorizes s,re
show that the special act must prevail Inc rt Sne TO
rnne,vowners etc Intended undoubtedly to tak e, The
charter Of this company ont OF tho po;sjons of pre-
yar.i railroad Acts which were provlss,ns 80 moi
h tSe provisions of the Act Of 1874 were n%
The conditions regulating the manner "a ha Act OF 1886
were nc" 70 law railroad tracks which never ~
existed in violation of the that The act gives adj
20 authority the company to si anS this is
simply enarges e s spa opsttutionS provisions against
private local bills for railroad Under the sidewalks
on the question Of injury 10 vaults """oi W
and streets the Justice says
Ia to INA authority under which occupans 0
an aronre any vested rights therein Inc n
a nnne ither can the Municipality The lee OF inc
,ret IL in the Municipality trust. nevertheless Una, m1
enc he X, Mt open part or the poic s.I'Ss
syne square or public place This Is the conrac ,nao W
NJ with the parties assessed for Dement'S, ana no part
thereof can be devo,ed TO any private use
The demurrer is therefore sustained Ex-Chef Justice
palv A. j. Vanderpoel Robert sewell and ex-senator
Thomas represented the road, exJudge Dillon ana A. T.
director Of the Arcade Company said OF the decision
This is what we have hoped for ana Waited
for IL has been this litigation. OF course.
Which has kept us from beginning our
work We have capitalists ready 10 go
an with the work and shall be in pos toh 10 De-
Gin The construction of the road. should there be an APP
Zeal nv the property it would seem mat lhey
ould have difficult time get an injunction agant US
in view of this cleancut and emphatic decision Oh all INC
o. b Potter said have not yet read the decision nu.
II is perfectly safe TO say tat the matter Will be carried
10 the Court of Appeals This is the decision OF only onc
p Man indnrsed Mr. Potter's views and enumerated
the many legal difficulties which to bis mnd YET a"i t
The onward march OF the Arcade PROJECT 10 give rapu
transit to the city.